|
| |
|
(2) | Where, after the agreement of any person (“P”) to pay a penalty under |
| |
the appropriate penalty provision is taken into account for the |
| |
purposes of the application of section 6B in relation to that person— |
| |
(a) | P’s agreement to pay the penalty is withdrawn under |
| |
subsection (5) of the appropriate penalty provision, or |
| 5 |
(b) | it is decided on an appeal or in accordance with regulations |
| |
under the Social Security Act 1998 or the Social Security |
| |
(Northern Ireland) Order 1998 that the overpayment to which |
| |
the agreement relates is not recoverable or due, |
| |
| all such payments and other adjustments shall be made as would be |
| 10 |
necessary if no restriction had been imposed by or under section 6B that |
| |
could not have been imposed if P had not agreed to pay the penalty. |
| |
(3) | Where, after the agreement (“the old agreement”) of any person (“P”) to |
| |
pay a penalty under the appropriate penalty provision is taken into |
| |
account for the purposes of the application of section 6B in relation to |
| 15 |
P, the amount of the overpayment to which the penalty relates is |
| |
revised on an appeal or in accordance with regulations under the Social |
| |
Security Act 1998 or the Social Security (Northern Ireland) Order |
| |
| |
(a) | section 6B shall cease to apply by virtue of the old agreement, |
| 20 |
| |
(b) | subsection (4) shall apply. |
| |
(4) | Where this subsection applies— |
| |
(a) | if there is a new disqualifying event consisting of— |
| |
(i) | P’s agreement to pay a penalty under the appropriate |
| 25 |
penalty provision in relation to the revised |
| |
| |
(ii) | P being cautioned in relation to the offence to which the |
| |
| |
| the disqualification period relating to the new disqualifying |
| 30 |
event shall be reduced by the number of days in so much of the |
| |
disqualification period relating to the old agreement as had |
| |
expired when section 6B ceased to apply by virtue of the old |
| |
| |
(b) | in any other case, all such payments and other adjustments shall |
| 35 |
be made as would be necessary if no restriction had been |
| |
imposed by or under section 6B that could not have been |
| |
imposed if P had not agreed to pay the penalty. |
| |
(5) | For the purposes of section 6B— |
| |
(a) | the date of a person’s conviction in any proceedings of a benefit |
| 40 |
offence shall be taken to be the date on which the person was |
| |
found guilty of that offence in those proceedings (whenever the |
| |
person was sentenced) or in the case mentioned in paragraph |
| |
(b)(ii) the date of the order for absolute discharge; and |
| |
(b) | references to a conviction include references to— |
| 45 |
(i) | a conviction in relation to which the court makes an |
| |
order for absolute or conditional discharge or a court in |
| |
Scotland makes a probation order, |
| |
(ii) | an order for absolute discharge made by a court of |
| |
summary jurisdiction in Scotland under section 246(3) |
| 50 |
|
| |
|
| |
|
of the Criminal Procedure (Scotland) Act 1995 without |
| |
proceeding to a conviction, and |
| |
(iii) | a conviction in Northern Ireland. |
| |
(6) | In this section “the appropriate penalty provision” has the meaning |
| |
given by section 6B(2)(a).” |
| 5 |
| |
(a) | Part 1 contains further amendments of the Social Security Fraud Act |
| |
| |
(b) | Part 2 contains related amendments of other Acts. |
| |
20 | Jobseeker’s allowance: sanctions for violent conduct etc. in connection with |
| 10 |
| |
(1) | The Jobseekers Act 1995 (c. 18) is amended as follows. |
| |
(2) | After section 20B insert— |
| |
“Violent conduct etc. in connection with claim |
| |
20C | Sanctions for violent conduct etc. in connection with claim |
| 15 |
(1) | This section applies if— |
| |
(a) | a person (“the offender”) is convicted of, or in England and |
| |
Wales is cautioned in respect of, an offence involving violence |
| |
| |
(b) | the conduct constituting the offence was done to, or in relation |
| 20 |
to, a person who was in the course of exercising functions under |
| |
this Act on any premises, |
| |
(c) | the conduct occurred while the offender was on those premises |
| |
for the purposes of a claim to a jobseeker’s allowance, and |
| |
(d) | the offender is a person, or a member of a joint-claim couple, |
| 25 |
with respect to whom the conditions for entitlement to a |
| |
jobseeker’s allowance are or become satisfied. |
| |
(2) | In the case of a jobseeker’s allowance other than a joint-claim |
| |
| |
(a) | the allowance is not to be payable in respect of the offender for |
| 30 |
the period of one week beginning with such date as may be |
| |
prescribed (even though the conditions for entitlement are |
| |
| |
(b) | on the first occasion (if any) on which another sanctions |
| |
provision applies in the case of the offender, the sanctions |
| 35 |
period is to be extended in that case by a period of five weeks. |
| |
(3) | For the purposes of subsection (2)(b)— |
| |
(a) | the reference to another sanctions provision is to any provision |
| |
made by or under this Act (other than subsection (2)) which |
| |
provides for a jobseeker’s allowance not to be payable for a |
| 40 |
| |
(b) | the reference to the sanctions period is to the period for which |
| |
the allowance would (but for subsection (2)(b)) not be payable |
| |
by virtue of that provision. |
| |
|
| |
|
| |
|
(4) | In the case of a joint-claim jobseeker’s allowance— |
| |
(a) | the offender is to be treated as subject to sanctions for the |
| |
purposes of section 20A for the period of one week beginning |
| |
with such date as may be prescribed (even though the |
| |
conditions for entitlement are satisfied); and |
| 5 |
(b) | on the first occasion (if any) on which another sanctions |
| |
provision applies in the case of the offender, the sanctions |
| |
period is to be extended in that case by a period of five weeks. |
| |
(5) | For the purposes of subsection (4)(b)— |
| |
(a) | the reference to another sanctions provision is to any provision |
| 10 |
made by or under this Act (other than subsection (4)) which |
| |
provides for a member of a joint-claim couple to be (or treated |
| |
as being) subject to sanctions for the purposes of section 20A for |
| |
| |
(b) | the reference to the sanctions period is to the period for which |
| 15 |
the member of the couple would (but for subsection (4)(b)) be |
| |
(or be treated as being) subject to sanctions for those purposes |
| |
by virtue of that provision. |
| |
(6) | Regulations may make provision for subsections (2) and (4) not to |
| |
apply at any time after the end of a prescribed period or otherwise in |
| 20 |
prescribed circumstances. |
| |
(7) | Regulations may make provision for an income-based jobseeker’s |
| |
allowance to be payable in prescribed circumstances even though the |
| |
preceding provisions of this section prevent payment of it. |
| |
| This subsection does not apply in the case of a joint-claim jobseeker’s |
| 25 |
allowance (corresponding provision for which is made by section |
| |
| |
(8) | The provision that may be made by regulations by virtue of subsection |
| |
(7) includes, in particular, provision for the allowance to be— |
| |
(a) | payable only if prescribed requirements as to the provision of |
| 30 |
information are complied with; |
| |
(b) | payable at a prescribed rate; |
| |
(c) | payable for only part of a week. |
| |
| |
(a) | a jobseeker’s allowance was not payable, or was payable at a |
| 35 |
reduced rate, as a result of the application of this section in a |
| |
case where a person was convicted of an offence involving |
| |
violence or harassment, and |
| |
(b) | the person’s conviction is subsequently quashed, |
| |
| all such payments and other adjustments are to be made as would be |
| 40 |
necessary if the person had never been convicted of the offence. |
| |
20D | Section 20C: supplementary |
| |
(1) | For the purposes of section 20C in its application in relation to England |
| |
and Wales each of the following is an offence involving violence or |
| |
| 45 |
(a) | common assault or battery; |
| |
(b) | an offence under section 16, 18, 20 or 47 of the Offences against |
| |
| |
|
| |
|
| |
|
(c) | an offence under section 3, 4, 4A or 5 of the Public Order Act |
| |
| |
(d) | an offence under section 2 or 4 of the Protection from |
| |
| |
(e) | an offence under section 29, 31 or 32 of the Crime and Disorder |
| 5 |
| |
(f) | an ancillary offence in relation to an offence within any of |
| |
| |
(2) | In subsection (1)(f) “ancillary offence”, in relation to an offence, means |
| |
| 10 |
(a) | aiding, abetting, counselling or procuring the commission of |
| |
| |
(b) | an offence under Part 2 of the Serious Crime Act 2007 |
| |
(encouraging or assisting crime) in relation to the offence; |
| |
(c) | attempting or conspiring to commit the offence. |
| 15 |
(3) | For the purposes of section 20C in its application in relation to Scotland |
| |
each of the following is an offence involving violence or harassment— |
| |
| |
(b) | a breach of the peace; |
| |
(c) | an offence under section 50A of the Criminal Law |
| 20 |
(Consolidation) Scotland Act 1995; |
| |
(d) | an ancillary offence in relation to an offence within any of |
| |
| |
(4) | In subsection (3)(d) “ancillary offence”, in relation to an offence, means |
| |
| 25 |
(a) | being art and part in the commission of the offence or |
| |
counselling or procuring its commission; |
| |
(b) | inciting a person to commit the offence; |
| |
(c) | attempting or conspiring to commit the offence. |
| |
(5) | For the purposes of section 20C references to a conviction include |
| 30 |
references to a conviction in relation to which the court makes an order |
| |
for conditional discharge or a court in Scotland makes a probation |
| |
| |
(6) | For the purposes of section 20C “cautioned” means— |
| |
(a) | cautioned after the person concerned has admitted the offence, |
| 35 |
| |
(b) | reprimanded or warned within the meaning given by section 65 |
| |
of the Crime and Disorder Act 1998. |
| |
(7) | Regulations may make provision for or in connection with requiring |
| |
such persons as may be prescribed to notify the Secretary of State about |
| 40 |
prescribed matters for the purposes of section 20C. |
| |
(8) | Regulations may amend subsections (1) to (4) by adding or removing |
| |
| |
(3) | In section 37(1)(c) (regulations subject to the affirmative resolution procedure), |
| |
after “7,” insert “20D(8),”. |
| 45 |
|
| |
|
| |
|
(4) | In paragraph 3(d) of Schedule 3 to the Social Security Act 1998 (c. 14) (decisions |
| |
against which an appeal lies: payability of benefit), before “of the Jobseekers |
| |
| |
| |
21 | State pension credit: pilot schemes |
| 5 |
(1) | The State Pension Credit Act 2002 (c. 16) is amended as follows. |
| |
(2) | Before section 19 (but after the italic heading immediately before that section) |
| |
| |
| |
(1) | Any regulations to which this subsection applies may be made so as to |
| 10 |
have effect for a specified period not exceeding 12 months. |
| |
(2) | Subject to subsection (3), subsection (1) applies to— |
| |
(a) | regulations made under this Act, and |
| |
(b) | regulations made under section 1 or 5 of the Administration |
| |
| 15 |
(3) | Subsection (1) only applies to regulations if they are made with a view |
| |
to ascertaining whether their provisions will— |
| |
(a) | make it more likely that persons who are entitled to claim state |
| |
pension credit will do so; |
| |
(b) | make it more likely that persons who are entitled to claim state |
| 20 |
pension credit will receive it. |
| |
(4) | Regulations which, by virtue of subsection (1), are to have effect for a |
| |
limited period are referred to in this section as a “pilot scheme”. |
| |
(5) | A pilot scheme may, in particular— |
| |
(a) | provide for a relevant provision not to apply, or to apply with |
| 25 |
modifications, for the purposes of the pilot scheme, and |
| |
(b) | make different provision for different cases or circumstances. |
| |
(6) | For the purposes of subsection (5)(a), a “relevant provision” is— |
| |
(a) | any provision of this Act, and |
| |
(b) | section 1 of the Administration Act. |
| 30 |
(7) | A pilot scheme may provide that no account is to be taken of any |
| |
payment made under the pilot scheme in considering a person’s— |
| |
| |
(b) | entitlement to benefit under an enactment relating to social |
| |
security (irrespective of the name or nature of the benefit), or |
| 35 |
(c) | entitlement to a tax credit. |
| |
(8) | A pilot scheme may provide that its provisions are to apply only in |
| |
| |
(a) | one or more specified areas or localities; |
| |
(b) | one or more specified classes of person; |
| 40 |
| |
(i) | by reference to prescribed criteria, or |
| |
|
| |
|
| |
|
(ii) | on a sampling basis. |
| |
(9) | A pilot scheme may make consequential or transitional provision with |
| |
respect to the cessation of the scheme on the expiry of the specified |
| |
| |
(10) | A pilot scheme may be replaced by a further pilot scheme making the |
| 5 |
same or similar provision. |
| |
(11) | The power of the Secretary of State to make regulations which, by |
| |
virtue of this section, are to have effect for a limited period is |
| |
exercisable only with the consent of the Treasury.” |
| |
(3) | In section 19 (regulations and orders) after subsection (2) insert— |
| 10 |
“(2A) | A statutory instrument containing regulations which, by virtue of |
| |
section 18A, are to have effect for a limited period shall not be made |
| |
unless a draft of the instrument has been laid before, and approved by |
| |
a resolution of, each House of Parliament.” |
| |
22 | Period for which pilot schemes have effect etc. |
| 15 |
(1) | In section 29 of the Jobseekers Act 1995 (c. 18) (pilot schemes)— |
| |
(a) | in subsection (1), for “12 months” substitute “36 months”, and |
| |
(b) | in subsection (8), for the words from “facilitate” to the end substitute |
| |
“make it more likely that persons will obtain or remain in work or be |
| |
| 20 |
(2) | In section 19(1) of the Welfare Reform Act 2007 (c. 5) (pilot schemes), for “24 |
| |
months” substitute “36 months”. |
| |
| |
23 | Contracting out functions under Jobseekers Act 1995 |
| |
(1) | The Jobseekers Act 1995 is amended as follows. |
| 25 |
(2) | Before section 21 (but after the italic heading immediately before that section) |
| |
| |
| |
(1) | The following functions of the Secretary of State may be exercised by, |
| |
or by employees of, such person (if any) as the Secretary of State may |
| 30 |
authorise for the purpose, namely— |
| |
(a) | conducting interviews under section 11A; |
| |
(b) | providing documents under section 11C; |
| |
(c) | giving, varying or revoking directions under section 18B(4); |
| |
(d) | asking questions under paragraph 1 of Schedule A1; |
| 35 |
(e) | making decisions under paragraph 2 or 3 of that Schedule; |
| |
(f) | exercising any functions in relation to rehabilitation plans |
| |
under paragraph 6 of that Schedule. |
| |
(2) | The following functions of officers of the Secretary of State may be |
| |
exercised by, or by employees of, such person (if any) as the Secretary |
| 40 |
of State may authorise for the purpose, namely— |
| |
|
| |
|
| |
|
(a) | specifying places and times, and being contacted, under section |
| |
| |
(b) | entering into or varying any jobseeker’s agreement under |
| |
section 9 or 10 and referring any proposed agreement or |
| |
variation to the Secretary of State under section 9 or 10; |
| 5 |
(c) | giving notifications under section 16 or 18A; |
| |
(d) | giving, varying or revoking directions under section 18A. |
| |
(3) | Regulations may provide for any of the following functions of the |
| |
Secretary of State to be exercisable by, or by employees of, such person |
| |
(if any) as the Secretary of State may authorise for the purpose— |
| 10 |
(a) | any function under regulations under section 8, 11A, 11C, 17A |
| |
or 18B or Schedule A1, except the making of an excluded |
| |
decision (see subsection (4)); |
| |
(b) | the function under section 9(1) of the 1998 Act (revision of |
| |
decisions) so far as relating to decisions (other than excluded |
| 15 |
decisions) that relate to any matter arising under any such |
| |
| |
(c) | the function under section 10(1) of the 1998 Act (superseding of |
| |
decisions) so far as relating to decisions (other than excluded |
| |
decisions) of the Secretary of State that relate to any matter |
| 20 |
arising under any such regulations; |
| |
(d) | any function under Chapter 2 of Part 1 of the 1998 Act (social |
| |
security decisions), except section 25(2) and (3) (decisions |
| |
involving issues arising on appeal in other cases), which relates |
| |
to the exercise of any of the functions within paragraphs (a) to |
| 25 |
| |
(4) | Each of the following is an “excluded decision” for the purposes of |
| |
| |
(a) | a decision about whether a person has failed to comply with a |
| |
requirement imposed by regulations under section 8, 11A or |
| 30 |
| |
(b) | a decision about whether a person had good cause for failure to |
| |
comply with such a requirement; |
| |
(c) | a decision about not paying or reducing a jobseeker’s allowance |
| |
in consequence of a failure to comply with such a requirement. |
| 35 |
(5) | Regulations under subsection (3) may provide that a function to which |
| |
that subsection applies may be exercised— |
| |
(a) | either wholly or to such extent as the regulations may provide, |
| |
(b) | either generally or in such cases as the regulations may provide, |
| |
| 40 |
(c) | either unconditionally or subject to the fulfilment of such |
| |
conditions as the regulations may provide. |
| |
(6) | An authorisation given by virtue of any provision made by or under |
| |
this section may authorise the exercise of the function concerned— |
| |
(a) | either wholly or to such extent as may be specified in the |
| 45 |
| |
(b) | either generally or in such cases as may be so specified, and |
| |
(c) | either unconditionally or subject to the fulfilment of such |
| |
conditions as may be so specified; |
| |
|
| |
|